WELCOME TO PINNLIST.COM

We (North American Viking Communications, LLC, hereunto known as NAVCOMM, LLC, owner of PINNLIST.COM and its affiliate website(s)) endeavor to provide you with the best, easy to use website(s) for your job search and job posting experience. By accessing or otherwise interacting with our servers, services, websites, or any associated content/postings, you agree to these Terms of Use (“TOU”) (last updated June 2017). You acknowledge and agree PINNLIST.COM and its affiliate website(s) are a private site owned and operated by NAVCOMM, LLC. If you are accessing or using NAVCOMM, LLC sites on behalf of a business, that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use NAVCOMM, LLC website(s). We may modify the TOU at any time at our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use NAVCOMM, LLC website(s).

Our PRIVACY POLICYPROHIBITED LIST(S) and all other policies, site rules, and agreements referenced below or on any other NAVCOMM, LLC owned website, are fully incorporated into this TOU, and you agree to them as well.

LICENSE

If you agree to the TOU and (1) are of sufficient age and capacity to use a NAVCOMM, LLC website and be bound by the TOU, or (2) use NAVCOMM, LLC owned website(s) on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use NAVCOMM, LLC owned website(s) in compliance with the TOU; unlicensed use is unauthorized.

You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from NAVCOMM, LLC owned website(s), excluding postings you create and/or submit for posting on your behalf. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE

Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with NAVCOMM, LLC owned webite(s), e.g. for downloading, uploading, creating/accessing/using an account, posting, emailing, searching, or mobile use. You agree not to copy/collect NAVCOMM, LLC owned content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of NAVCOMM, LLC’s policies or rules referenced above (“Prohibited Content”). You agree not to collect NAVCOMM, LLC owned website(s) user information or interfere with NAVCOMM, LLC owned website(s) and affiliated content. You agree we may moderate NAVCOMM, LLC owned website(s) access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

LIQUIDATED DAMAGES

You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting NAVCOMM, LLC users’ information, including personal or identifying information – $35 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of NAVCOMM, LLC owned website(s) and affiliated content without that party’s express written consent – $2,500 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of NAVCOMM, LLC owned website(s) – $2,500 per violation; (D) posting or attempting to post Prohibited Content – $79 per violation; (E) posting or attempting to post Prohibited Content in any paid section of a NAVCOMM, LLC owned website(s) – the price per post applicable to that section of a NAVCOMM, LLC owned website; (F) sending an unauthorized/unsolicited email to an email address obtained from NAVCOMM, LLC – $2125 per violation; (G) using NAVCOMM, LLC user information to make/send an unauthorized/unsolicited text message, call, or communication to a NAVCOMM, LLC user – $2500 per text/call/communication; (H) creating a misleading or unlawful NAVCOMM, LLC account or buying/selling a NAVCOMM, LLC account – $169 per violation; (I) (RESERVED) (J) distributing any software to facilitate violations of the USE Section – $7,500 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting NAVCOMM, LLC content for any purpose without our express written consent – $7,500 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 500 pages of NAVCOMM, LLC owned website content in any 24-hour period – $2.50 per page for the first 25 pages, $0.75 per page each additional page during the 24 hour period after the first 500 pages; (M) bypassing or attempting to bypass our moderation efforts – $500 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES

You authorize us to charge your account for NAVCOMM, LLC fees in paid areas NAVCOMM, LLC owned website(s). Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER & LIABILITY

To the full extent permitted by law, NAVCOMM, LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“NAVCOMM, LLC Entities”) (1) make no promises, warranties, or representations as to NAVCOMM, LLC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide NAVCOMM, LLC website access on an “AS IS” and “AS AVAILABLE” basis and any risk of using NAVCOMM, LLC owned website(s) is assumed by you; (3)disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with NAVCOMM, LLC. NAVCOMM, LLC Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to NAVCOMM, LLC, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY

Any claim, cause of action, demand, or dispute arising from or related to NAVCOMM, LLC (“Claims”) will be governed by the internal laws of the state of Texas, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Austin, Texas (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Austin, Texas; (2) indemnify and hold NAVCOMM, LLC Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of NAVCOMM, LLC owned website(s); and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS

NAVCOMM, LLC, PINNLIST.COM, and any logos are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.

MISC

Users complying with prior written licenses may access NAVCOMM, LLC owned website(s) thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, or you have any questions regarding these policies, please contact us through the official contact page.